Ohio Northern District Court
Judge:J Philip Calabrese
Case #: 1:24-cv-01183
Nature of Suit380 Torts - Personal Property - Other Personal Property Damage
Cause28:1332 Diversity-Petition for Removal
Case Filed:Jul 12, 2024
Case in other court:Cuyahoga County, Court of Common Pleas, CV-24-998704
Last checked: Wednesday Jan 08, 2025 4:22 AM EST
Defendant
MRO Corporation , PA
Represented By
Daniel H. Bryan
Taft Stettinius & Hollister - Cleveland
contact info
Michael J. Zbiegien, Jr.
Taft Stettinius & Hollister - Cleveland
contact info
David Smith
Dilworth Paxson - Philadelphia
contact info
Defendant
Cleveland Clinic
Represented By
Michael J. Ruttinger
Tucker Ellis - Cleveland
contact info
Defendant
Cleveland Clinic Foundation
Represented By
Ethan W. Weber
Tucker Ellis - Cleveland
contact info
Michael J. Ruttinger
Tucker Ellis - Cleveland
contact info
Edward E. Taber
Tucker Ellis - Cleveland
contact info
Plaintiff
Wendy Hudson-Swoope
on behalf of herself and all others similarly situated 3366 E. 135th Street
Cleveland, OH 44120
Represented By
Frank A. Bartela
Dworken & Bernstein - Painesville
contact info
Patrick J. Perotti
Dworken & Bernstein - Painesville
contact info

GPO Mar 25 2025
Opinion and Order: The Court GRANTS the motion to stay pending arbitration (ECF No. 12), ORDERS Plaintiff and MRO to commence arbitration forthwith, STAYS this action pending arbitration, DENIES Defendants motions to dismiss for lack of jurisdiction (ECF No. 12; ECF No. 11), and ORDERS MRO to file a status report on the status of arbitration no later than September 30, 2025. Judge J. Philip Calabrese on March 25, 2025.(Y,A)

Docket last updated: 3 hours ago
Thursday, April 24, 2025
22 22 motion Alter/Amend judgment Thu 04/24 1:25 PM
Motion to alter/amend judgment filed by Plaintiff Wendy Hudson-Swoope. Related document(s)21 . (Perotti, Patrick)
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order Order Thu 04/24 2:01 PM
Order [non-document]: The Court ORDERS Defendant to respond to Plaintiff's motion to alter or amend the judgment no later than May 8, 2025. Judge J. Philip Calabrese on April 24, 2025. (Y,A)
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Tuesday, March 25, 2025
21 21 22 pgs order Order on Motion to stay Order on Motion to dismiss Tue 03/25 4:26 PM
Opinion and Order : The Court GRANTS the motion to stay pending arbitration (ECF No.12 ), ORDERS Plaintiff and MRO to commence arbitration forthwith, STAYS this action pending arbitration, DENIES Defendants motions to dismiss for lack of jurisdiction (ECF No.12 ; ECF No.11 ), and ORDERS MRO to file a status report on the status of arbitration no later than September 30, 2025. Judge J. Philip Calabrese on March 25, 2025.(Y,A)
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Thursday, October 31, 2024
20 20 resp Reply Thu 10/31 2:41 PM
Reply in support of12 Motion to stay pending arbitration or, in the alternative, Motion to dismiss filed by MRO Corporation. (Zbiegien, Michael)
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19 19 resp Reply Thu 10/31 9:48 AM
Reply in support of11 Motion to dismiss for lack of jurisdiction Plaintiff's Class Action Complaint filed by Cleveland Clinic, Cleveland Clinic Foundation. (Ruttinger, Michael)
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Thursday, October 24, 2024
18 18 oth_doc Supplement (atty event) Thu 10/24 1:07 PM
Supplement to Opposition, - Supplement to Plaintiff's Brief in Opposition to Defendant MRO Corporation's Motion to Stay Pending Arbitration, or In the Alternative, Motion to Dismiss, filed by Wendy Hudson-Swoope. Related document(s)16 .(Perotti, Patrick)
Related: [-]
Att: 1 Exhibit Redacted Hudson-Swoope Demand,
Att: 2 Exhibit Redacted Mineff Letter
order Order Thu 10/24 11:10 AM
Order [non-document]: In opposing the motion to stay, Plaintiff included personally identifiable information in certain documents (ECF No.16 ) in violation of Local Rule 8.1. Accordingly, the Court has sealed those documents. The Court ORDERS Plaintiff's to re-file those documents on the public docket with appropriate redactions. Judge J. Philip Calabrese on October 24, 2024. (Y,A)
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Thursday, October 17, 2024
17 17 resp Opposition Thu 10/17 4:37 PM
Opposition to11 Motion to dismiss for lack of jurisdiction filed by Wendy Hudson-Swoope.(Perotti, Patrick)
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Att: 1 Exhibit Hudson-Swoope Affidavit
16 16 resp Opposition Thu 10/17 4:34 PM
Opposition to12 Motion to stay pending arbitration or, in the alternative, Motion to dismiss filed by Wendy Hudson-Swoope.(Perotti, Patrick)
Related: [-]
Att: 1 Exhibit Record Demand,
Att: 2 Exhibit Mineff Letter,
Att: 3 Exhibit Hudson-Swoope Affidavit,
Att: 4 Exhibit MRO Notice,
Att: 5 Exhibit MRO Confirmation
Friday, October 11, 2024
15 15 motion Extension of Time to File Response/Reply to Motion Fri 10/11 2:28 PM
Unopposed Motion for extension of time until October 17, 2024 to file response/reply to11 Motion to dismiss for lack of jurisdiction ,12 Motion to stay pending arbitration or, in the alternative, Motion to dismiss filed by Plaintiff Wendy Hudson-Swoope. Related document(s)11 ,12 . (Perotti, Patrick)
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order Order on Motion for extension of time to file response/reply to motion Fri 10/11 2:40 PM
Order [non-document]: Plaintiff's motion for an extension to October 17, 2024 to respond to the motion to dismiss is unopposed and granted (ECF No.15 ). Judge J. Philip Calabrese on October 11, 2024.(Y,A)
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Thursday, September 12, 2024
14 14 motion Extension (of deadlines) Thu 09/12 10:19 AM
Unopposed Motion for extension of to file Briefs in Opposition to Motion to Dismiss and Motion to Stay Pending Arbitration or, in the alternative, Motion to Dismiss until October 11, 2024 filed by Plaintiff Wendy Hudson-Swoope. Related document(s)11 ,12 . (Perotti, Patrick)
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order Order on Motion to extend deadlines Thu 09/12 11:08 AM
Order [non-document]: Plaintiff's motion for an extension to October 11, 2024 to respond to the pending motions is unopposed and granted (ECF No.14 ). Judge J. Philip Calabrese on September 12, 2024.(Y,A)
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Wednesday, August 14, 2024
13 13 answer Answer to Complaint in a Removal Case Wed 08/14 8:33 PM
Answer to Complaint Related [+] filed by MRO Corporation. (Zbiegien, Michael)
Related: [-] 1
12 12 motion Stay Wed 08/14 7:59 PM
Motion to stay pending arbitration or, in the alternative, motion to dismiss filed by Defendant MRO Corporation.(Zbiegien, Michael)
Related: [-]
Att: 1 Declaration of Stan Zhukarev,
Att: 2 Exhibit A to Zhukarev Declaration - Medical Records Request,
Att: 3 Exhibit B to Zhukarev Declaration - Invoice,
Att: 4 Exhibit C to Zhukarev Declaration - Check
11 11 3 pgs motion Dismiss for Lack of Jurisdiction Wed 08/14 3:58 PM
Motion to dismiss for lack of jurisdiction filed by Defendant Cleveland Clinic Foundation.(Ruttinger, Michael)
Related: [-]
Att: 1 Brief in Support Memorandum in Support of Defendant Cleveland Clinic Foundation's Motion to Dismiss Plaintiff's Class Action Complaint
10 10 answer Answer to Complaint in a Removal Case Wed 08/14 3:53 PM
Answer to Complaint with Jury Demand Related [+] filed by Cleveland Clinic Foundation. (Ruttinger, Michael)
Related: [-] 1
9 9 notice Attorney Appearance (atty event) Wed 08/14 9:52 AM
Attorney Appearance of Additional Counsel by Ethan W. Weber filed by on behalf of Cleveland Clinic Foundation. (Weber, Ethan)
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Friday, August 09, 2024
8 8 motion Appear Pro Hac Vice Fri 08/09 10:44 AM
Motion for attorney David Smith to Appear Pro Hac Vice. Filing fee $ 120, receipt number AOHNDC-12684851, filed by Defendant MRO Corporation.(Zbiegien, Michael)
Related: [-]
Att: 1 Exhibit Declaration in Support of Motion for Admission Pro Hac Vice
order Order on Motion to appear pro hac vice Fri 08/09 11:29 AM
Order [non-document]: granting Defendant's Motion for appearance pro hac vice by attorney David Smith for MRO Corporation. Local Rule 5.1(c) requires that attorneys register for NextGen CM/ECF and file and receive all documents electronically. NextGen CM/ECF registration can be done online at www.pacer.gov. Login with your PACER credentials, go to the Maintenance tab, click Attorney Admissions/E-File Registration, select Ohio Northern District Court and then select Pro Hac Vice. If you were previously granted pro hac vice status and are already registered to file electronically, it is not necessary to register again. (ECF No.8 ). Judge J. Philip Calabrese on August 9, 2024.(Y,A)
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Monday, July 22, 2024
7 7 notice Attorney Appearance (atty event) Mon 07/22 2:12 PM
Attorney Appearance by Edward E. Taber filed by on behalf of Cleveland Clinic Foundation. (Taber, Edward)
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Thursday, July 18, 2024
6 6 notice Corporate Disclosure Statement (atty event) Thu 07/18 10:42 AM
Corporate Disclosure Statement filed by Cleveland Clinic Foundation. (Ruttinger, Michael)
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Monday, July 15, 2024
5 5 notice Attorney Appearance (atty event) Mon 07/15 10:44 AM
Attorney Appearance by Michael J. Ruttinger filed by on behalf of Cleveland Clinic Foundation. (Ruttinger, Michael)
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4 4 oth_evt Magistrate Consent Form Issued by Intake Mon 07/15 8:43 AM
Magistrate Consent Form issued. (L,MI)
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utility Add and Terminate Judge Mon 07/15 8:42 AM
Judge J. Philip Calabrese assigned to case. (L,MI)
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oth_evt Random Assignment of Magistrate Judge Mon 07/15 8:42 AM
Random Assignment of Magistrate Judge pursuant to Local Rule 3.1. In the event of a referral, case will be assigned to Magistrate Judge James E. Grimes, Jr. (L,MI)
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order Order on Motion for extension of time to answer Mon 07/15 11:12 AM
Order [non-document]: Defendants' motion for an extension to August 14, 2024 to answer, move, or otherwise plead is unopposed and granted (ECF No.3 ). Judge J. Philip Calabrese on July 15, 2024.(Y,A)
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Friday, July 12, 2024
3 3 3 pgs motion Extension (answer complaint) Fri 07/12 4:51 PM
Unopposed Motion for extension of time to answer or otherwise respond to the complaint filed by Defendant MRO Corporation, *** SELECTION REQUIRED THE CLEVELAND CLINIC FOUNDATION. (Zbiegien, Michael)
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2 2 notice Corporate Disclosure Statement (atty event) Fri 07/12 4:42 PM
Corporate Disclosure Statement filed by MRO Corporation. (Zbiegien, Michael)
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1 1 cmp Notice of Removal Fri 07/12 3:59 PM
Notice of Removal from Cuyahoga County Court of Common Pleas, case number CV-24-998704 Filing fee paid $ 405, receipt number AOHNDC-12644191.. Filed by MRO Corporation. (Zbiegien, Michael)
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Att: 1 Exhibit Document served on MRO in State Court,
Att: 2 Civil Cover Sheet